LIST OF EXHIBITS ATTACHED TO ORIGINAL CONTRACT BUT NOT ATTACHED HERETO Exhibit MWD Contract for the Sale of Electrical Energy dated May 29, 1941 between The United States of America and The Metropolitan Water District of Southern California. Exhibit 1-Contract for the Operation of Boulder Power Plant dated May 29, 1941, between The United States of America and The City of Los Angeles and its Department of Water and Power, and Southern California Edison Company Ltd. Exhibit 2-General Regulations for Generation and Sale of Power in Accordance with the Boulder Canyon Project Adjustment Act dated May 20, 1941. Exhibit DPC-Agreement Arranging Power Supply for Defense Plant Corporation dated May 9, 1942, between Defense Plant Corporation and The United States of America, The City of Los Angeles and its Department of Water and Power, Southern California Edison Company Ltd., The California Electric Power Company, The Metropolitan Water District of Southern California, and the State of Nevada and its Colorado River Commission. 1. THIS CONTRACT, made this Ninth day of May, 1942, between the STATE OF NEVADA, a body politic and corporate, and its Colorado River Commission (said Commission acting in the name of the State, but as principal in its own behalf as well as in behalf of the State; the term State as used in this contract being deemed to be both the State of Nevada and its Colorado River Commission or its successors), acting in pursuance of an act of the Legislature of the State of Nevada, entitled "An Act creating a commission to be known as the Colorado river commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof, and repealing all acts and parts of acts in conflict with this act," approved March 20, 1935, (Chapter 71, Stats. of Nevada, 1935), and acts amendatory thereof or supplementary thereto, and DEFENSE PLANT CORPORATION (hereinafter referred to as "Defense Plant"), a corporation created by Reconstruction Finance Corporation pursuant to Section 5d of the Reconstruction Finance Corporation Act, as amended; WITNESSETH THAT: EXPLANATORY RECITALS 2. WHEREAS, pursuant to the provisions of the Act of Congress approved December 21, 1928, (45 Stat. 1057), designated the Boulder Canyon Project Act (hereinafter referred to as the "Project Act"), the United States entered into a certain contract designated as "Contract for Lease of Power Privilege", dated April 26, 1930, with severally, The City of Los Angeles and its Department of Water and Power and Southern California Edison Company Ltd. (hereinafter referred to as the "City" and Edison "Company," respectively), which contract was thereafter amended by two certain contracts between the same parties, dated May 28, 1930, and September 23, 1931, and was also modified by a certain contract between the United States and the City, dated July 6, 1938, and consented to by Edison Company, which Contract for Lease of Power Privilege, dated April 26, 1930, together with said amendatory and modifying contracts, are hereinafter collectively referred to as the "Lease", and under date of May 6, 1936, the United States and the State of Nevada entered into a certain contract for electricial energy, which contract was amended under dates of April 23, 1938, December 7, 1939, and December 19, 1940; and 3. WHEREAS, by the terms of the Act of Congress, approved July 19, 1940, (54 Stats. 774), designated "The Boulder Canyon Project Adjustment Act,” (hereinafter referred to as the "Adjustment Act"), it is provided among other things that the Secretary is authorized to negotiate for and enter into a contract for the termination of the existing Lease of the Boulder Power Plant, and that the Secretary, in consideration of such termination of the Lease, is authorized to designate the City and Edison Company as the agents of the United States for the operation of the Boulder Power Plant; and 4. WHEREAS, under date of May 29, 1941, the United States and the City and Edison Company (hereinafter collectively referred to as "Operating Agents") have executed a contract designated "Contract for the Operation of Boulder Power Plant," a copy of which said contract is attached hereto, marked "Exhibit 1"; and 5. WHEREAS, under date of May 20, 1941, the Secretary approved and promulgated "General Regulations for Generation and Sale of Power in Accordance with the Boulder Canyon Project Adjustment Act," a copy of which is attached hereto, marked "Exhibit 2"; and 6. WHEREAS, under date of May 29, 1941, the United States and the State have executed a contract designated "Contract for the Sale of Electrical Energy,' a copy of which is attached hereto, marked "Exhibit 3"; and 7. WHEREAS, the State, Defense Plant, and the United States, together with other parties, have, concurrently herewith, entered into an Agreement Arranging Power Supply for Defense Plant Corporation (hereinafter referred to as the "Agreement"), which Agreement is attached hereto, marked "Exhibit 4"; 8. NOW, THEREFORE, in consideration of the provisions, covenants and conditions herein contained, the parties hereto agree as follows, to-wit: SUBJECT TO EXHIBITS AND REGULATIONS 9. (a) This contract is subject to all the terms and conditions of the Agreement, Exhibit 4 hereof, which is hereby made a part hereof as fully and completely as though set out herein at length. (b) This contract is subject to all the terms and provisions of Exhibits 1, 2 and 3 hereof, except where said terms and provisions are inconsistent with the terms and conditions of the Agreement, which said Exhibits 1, 2 and 3 are hereby made a part hereof as fully and completely as though set out herein at length. This contract is subject to such other rules and regulations as hereafter may be promulgated by the Secretary pursuant to law and to Article 27 of Exhibit 2 hereof. SALE OF ENERGY 10. The State agrees, subject to all the terms and conditions of Exhibits 1, 2, 3 and 4 which are applicable to this contract in accordance with Article 9, that it will cause to be delivered to Defense Plant the following amounts of energy for the Project years of operation designated: Year ending May 31, 1944............ Year ending May 31, 1945............ .147,000,000 Kw-hrs. .229,000,000 Kw-hrs. at a maximum demand of not to exceed 39,000 horsepower, said amounts and demand being in accordance with Part Two of the Agreement. DELIVERY OF ENERGY AND DETERMINATION OF ENERGY 11. (a) The State agrees to deliver the energy designated in Article 10 to Defense Plant at the points where the 230,000 volt transmission lines of Defense Plant connect with the 230,000 volt switchyard of The Metropolitan Water District of Southern California (hereinafter referred to as the "District") at the Boulder power plant at approximately two hundred twenty thousand (220,000) volts in the form of three (3) phase alternating current at a frequency of approximately sixty cycle per second. Defense Plant agrees to take and/or pay for, at firm energy rates determined in accordance with Exhibit 2, the energy designated in Article 10 hereof for use exclusively within the State of Nevada, in accordance with and subject to the terms, conditions and provisions of Exhibits 1, 2, 3 and 4 as made applicable by Article 9. (b) The generation of the energy designated in Article 10 and sold to Defense Plant by this contract, and the determination and distribution of generating charges related thereto, shall be in accordance with the terms and conditions of Part Three of the Agreement. Defense Plant agrees (1) to pay to the State the generating charges thus distributed and charged against the State, (2) to pay to the United States the generating charges related to Sections G-7 and T-7 during the period of segregation, following May 31, 1945, as provided in Article 305 of the Agreement, and (3) to pay to the United States the entire cost of Section T-7a as provided in Article 303 of the Agreement. (c) Defense Plant shall not look to the State for compensation for injury or damages of any kind which in any manner may arise out of the operation and maintenance of any portion of the Boulder Power Plant, or from the operation and maintenance of any of the transformer or transmission facilities which may be used to transmit electrical energy for use by Defense Plant, or from any change which may be made in the transmission voltage of said facilities, or from failure of the Government for any cause whatever to generate or deliver electrical energy to the State, provided, however, the State will energetically protest injury to Defense Plant resulting from improper or careless operation or maintenance by the United States Government or its operating agents and use its best offices to secure justice and satisfactory service for Defense Plant. (d) Defense Plant further agrees that there shall be constructed and maintained without cost or expense to the State such necessary transmission facilities, or other mechanical or or electrical equipment as may be necessary for Defense Plant to take delivery of and use said energy. MEASUREMENT OF ENERGY 12. All energy delivered to Defense Plant will be measured at approximately thirteen thousand two hundred (13,200) volts at the magnesium plant of Defense Plant, and Defense Plant, at its sole cost and expense shall furnish and install suitable metering equipment of a type and in manner satisfactory to the Chief Engineer of the Bureau of Reclamation for this purpose. For the purpose of computing the amount of energy delivered to the 230,000 volt lines of Defense Plant at the 230,000 volt switchyard at Boulder power plant one and one-quarter per centum (14%) shall be added to the meter readings to cover line and transformer losses. The said metering equipment shall be maintained by and at the expense of Defense Plant. Meters shall be tested at any reasonable time upon the request of either the United States or Defense Plant, and in any event they shall be tested at least once each year. If the test discloses that the error of any meter exceeds one per centum (1%), such meter shall be adjusted so that the error does not exceed one-half of one per centum (1⁄2%). Meter equipment shall be tested by means of suitable testing equipmnt which will be provided by the United States and which shall be calibrated by the United States Bureau of Standards. Meters shall be kept sealed, and the seals shall be broken |